Indecent Exposure in Texas
Under the Texas State Law and Texas Penal Code, indecent exposure occurs when a person exposes their anus or any part of their genitals with the intent to arouse or gratify their own sexual desire, or to cause another person to be aroused or gratified, and is reckless about whether another person is present who will be offended or alarmed by the act.
The offense can occur in a public place or on private property, but where the act is seen by someone who is not a consenting adult, or in a place where children are likely to be present, the penalties for indecent exposure can be more severe.
Indecent Exposure Penalties
In Texas, indecent exposure is generally considered a Class B misdemeanor offense, which is punishable by:
- Up to 180 days in jail
- A fine of up to $2,000
However, there are certain circumstances that can increase the penalties for indecent exposure in Texas. For example:
- If the person has a prior conviction for indecent exposure, the offense can be elevated to a Class A misdemeanor, which carries a maximum jail sentence of one year and a fine of up to $4,000.
- If the act involves a child under the age of 17, the offense can be elevated to a felony offense, which carries much more severe penalties. The penalties for indecency with a child can include a prison sentence ranging from two years to life, and a fine of up to $10,000.
It’s important to note that the specific penalties for indecent exposure in Texas can vary depending on the circumstances of the offense and the discretion of the court.
Register as a Sex Offender
In Texas, if you are convicted of indecent exposure, you may be required to register as a sex offender under certain circumstances.
Under the Texas Code of Criminal Procedure, a person who is convicted of certain sexual offenses, including indecent exposure, may be required to register as a sex offender if the victim is under the age of 17, or if the person has a previous conviction for a sexually related offense.
However, whether or not you will be required to register as a sex offender will depend on the specific circumstances of your case and the discretion of the court. Your defense attorney may be able to negotiate a plea deal or work to have the charges reduced or dismissed, which could help to mitigate the potential consequences of a conviction for indecent exposure.
Possible Defense Strategy
There are several possible defenses for indecent exposure in Texas, depending on the circumstances of the offense. Some of the common defenses include:
- Lack of intent: If you did not intend to expose yourself or engage in sexual conduct in a public place, you may be able to argue that you did not commit indecent exposure.
- Lack of recklessness: If you did not act recklessly or with disregard for the fact that another person may be offended or alarmed by your conduct, you may be able to argue that you did not commit indecent exposure.
- Mistaken identity: If the witness or victim misidentified you as the person who exposed themselves, you may be able to argue that you were not the person responsible for the offense.
- Consent: If the alleged victim consented to the conduct, or if the conduct occurred in a private setting where there was a reasonable expectation of privacy, you may be able to argue that you did not commit indecent exposure.
- Unlawful search and seizure: If the evidence against you was obtained through an illegal search or seizure, such as a warrantless search or an unreasonable search, you may be able to argue that the evidence should be suppressed and the charges dismissed.
It’s important to note that the specific defenses that may be available to you will depend on the circumstances of your case, and a skilled criminal defense attorney can help you determine the best course of action for your situation.
Arrested? Don’t Plea, Call Me!
If you are facing indecent exposure charges it is highly recommended that you seek the assistance of an experienced criminal defense lawyer. A criminal defense lawyer can provide you with essential legal advice, guidance, and representation throughout the legal process.
As an experienced criminal defense lawyer we can review the facts of your case, investigate the charges against you, and develop a strong defense strategy tailored to your specific situation. As well as negotiate with the prosecution on your behalf and advocate for your rights and interests in court.
In addition, we can provide you with information about the potential indecent exposure consequences of a conviction, including the possibility of jail time, fines, and other penalties, and work to minimize the impact of the charges on your life and future.
Overall, the criminal justice system can be complex and intimidating. Having an experienced criminal defense lawyer on your side can make a significant difference in the outcome of your case.